PROTECTION of - Supreme Headquarters Allied ...
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
TABLE OF CONTENTS FOREWORD 05 DISCLAIMER 06 CHAPTER 1 – INTRODUCTION 07 1-1. Overview 07 1-2. Handbook Aim and Objectives 07 1-3. Intended Users 07 1-4. Handbook Structure 07 CHAPTER 2 – PoC IN MILITARY OPERATIONS 08 2-1. PoC Framework 08 2-2. Importance and Relevance of PoC for the Military 09 2-3. PoC and Cross-Cutting Topics (CCTs) 11 2-4. Legal Framework 11 2-5. PoC Application to NATO’s Three Core Tasks 12 2-6. PoC and Strategic Communications 12 2-7. PoC and Other Actors 13 CHAPTER 3 – UNDERSTANDING THE HUMAN ENVIRONMENT (UHE) 15 3-1. Description 15 3-2. UHE in Planning and Execution 19 3-3. Practical Examples 21 3-4. Key Takeaways 22 CHAPTER 4 – MITIGATE HARM (MH) 23 4-1. Description 23 4-2. MH as a Lens for Understanding – Planning (What) 24 4-3. MH as a Line of Effort – Execution (How) 28 4-4. Human Shields 32 4-5. Practical Examples 32 4-6. Key Takeaways 35 CHAPTER 5 – FACILITATE ACCESS TO BASIC NEEDS (FABN) 36 5-1. Description 36 5-2. FABN as a Lens for Understanding – Planning (What) 37 5-3. FABN as a Line of Effort – Execution (How) 39 5-4. Practical Examples 45 5-5. Key Takeaways 47 CHAPTER 6 – CONTRIBUTE TO A SAFE AND SECURE ENVIRONMENT (C-SASE) 48 6-1. Description 48 6-2. C-SASE as a Lens for Understanding – Planning (What) 50 6-3. C-SASE as a Line of Effort – Execution (How) 50 6-4. Practical Examples 55 6-5. Key Takeaways 58 CHAPTER 7 – ASSESSMENT AND REPORTING MECHANISMS 59 7-1. PoC and Operations Assessment 59 7-2. Reporting Mechanisms 62 ANNEX A 63 ANNEX B 68 ANNEX C 71 ANNEX D 75 ANNEX E 77 ANNEX F 80
FORWARD Protection of Civilians, adopted in 2018, represents an additional key document to advance the Protection of Civilians agenda within the Alliance. This handbook has the overall aim of building a strong Protection of Civilians mind-set and will integrate the NATO Policy for the Protection of Civilians and the Military Committee Concept for the Protection of Civilians in the planning and conduct of Alliance operations. The protection of the civilian population is a fundamental requirement to achieving long- lasting peace. It is at the core of NATO’s values and it is being expressed in and through its operations. It is my hope and conviction that this handbook will support BRICE HOUDET this effort. Lieutenant General, FRA A Vice Chief of Staff Finally, I would like to thank all those who have contributed to the development of 2019 was an important year for the this handbook, from across ACO, ACT and Protection of Civilians for SHAPE as we from non-NATO entities. Their endeavour celebrated key milestones that advanced and collaboration is greatly appreciated. the Protection of Civilians agenda. Seventy I would also like to thank Mrs. Clare years ago, in the aftermath of World War Hutchinson, Special Representative of the II, the Geneva Conventions, the foundation Secretary General for Women Peace and of the international humanitarian law, were Security and Head of the Human Security officially promulgated. Twenty years ago, Unit, for the support given to Protection of in 1999, the United Nations (UN) Security Civilians-related matters writ large. Council endorsed Resolution 1265, the first Resolution focused on the issue of Protection of Civilians in armed conflict, and authorised UN peacekeepers to protect civilians under threat of physical violence. “This handbook has the Since then, the Protection of Civilians has been at the centre of the UN Security overall aim of building Council’s agenda. a strong Protection of While the Protection of Civilians agenda Civilians mind-set” advances, we recognise that civilians are still the ones who pay the highest toll during armed conflict. This recognition lies at the basis of NATO’s Policy for the Protection of Civilians, endorsed during the Warsaw Summit 2016. The subsequent Military Committee Concept for the Protection of Civilians ACO Handbook 5
DISCLAIMER This document is compiled from a range of NATO and non-NATO sources; full credit is given to the authors. This document will be subject to periodic review to align it with upcoming reference documents and guidance. Feedback and inputs can be reported to SHAPE J9 CL (SHAPEPDJ9CL@shape.nato.int) 6 Protection of Civilians ACO Handbook
CHAPTER 1 INTRODUCTION 1-1. OVERVIEW implementation of the PoC Policy and of the Military Committee Concept for the PoC Gaining an understanding of the increasing in the planning and execution of NATO and threat and the effects of armed conflict NATO-led operations and missions and other on civilians, together with the necessity to North Atlantic Council (NAC)-mandated attain a Protection of Civilians (PoC) mind- activities; set1 is essential, particularly in the current c. Provide information in order to develop challenging operational environment. Under the collective knowledge on how to use and the North Atlantic Treaty Organization (NATO) incorporate existing PoC concept, doctrine, Policy, PoC (persons, objects and services) tools and processes into the planning and includes all efforts taken to avoid, minimise execution of NATO operations and missions. and mitigate the negative effects that might arise from NATO and NATO-led military The Handbook is not intended to be operations on the civilian population and, prescriptive, but a tool to offer information when applicable, to protect civilians from and advice and to highlight the experiences conflict-related physical violence or threats gained to date through lessons identified and of physical violence by other actors, including best practices. through the establishment of a safe and secure environment2. Thus, PoC includes not 1-3. Intended Users only persons, but also all civilian objects, with particular attention paid to those of importance This Handbook is designed to be used by all to the population, such as items of religious staff elements directly engaged in the planning and cultural heritage, the natural environment, and execution of NATO operations, across as well as necessary public services linked to different functional areas within strategic, civilian critical infrastructure, such as potable operational and tactical level Headquarters water, sanitation, and electricity. Additionally, in NATO. The Handbook should be read in PoC includes both military and non-military conjunction with the references provided. activities, where the military leads certain activities while playing an enabling and/or 1-4. Handbook Structure supporting role on others, to prevent, deter, pre-empt, and respond to situations in which The Handbook is structured in accordance with civilians suffer physical violence or are under the the PoC Framework introduced by the Military threat of physical violence. Committee PoC Concept, focusing on relevant processes and tools to be addressed during the 1-2. Handbook Aim and Objectives planning and execution in relation to each of the PoC Framework lenses, as well as operational The aim of this Handbook is to support the examples and best practices in the application integration of PoC into the planning and of PoC. conduct of NATO and NATO-led operations and missions. The objectives of the Handbook are to: a. Support the development of a PoC mind-set, as directed by SACEUR, and the understanding of its impact on mission planning and execution; b. Support the application and 1 See ANNEX A – PoC Mindset. 2 While often complementary, the military and humanitarian definitions of protection differ. According to the Inter-Agency Standing Committee (IASC) Policy on Protection in Humanitarian Action (2016), protection encompasses “… All activities aimed at obtaining full respect for the rights of the individual in accordance with the letter and the spirit of the relevant bodies of law (i.e. International Human Rights Law (IHRL), International Humanitarian Law (IHL), and International Refugee Law (IRL))”. Protection of Civilians ACO Handbook 7
CHAPTER2 PoC IN MILITARY OPERATIONS 2-1. PoC Framework The PoC Framework is comprised of four elements. They b. Facilitate Access to emphasise the need for Basic Needs (FABN), a comprehensive and focused on Civilians, continuous assessment Civil Society and Aid process aimed at Providers; generating sufficient c.Contribute to a Safe awareness across all and Secure Environment domains. This provides (C-SASE), focused on for the first element of the the Local Government and framework, Understanding Institutions. the Human Environment (UHE)3, which is enabled by the UHE enables the overall other three elements. These Figure 1. PoC Framework understanding of a crisis by are distinct, but interrelated emphasising a “population- centric” view, focusing on the thematic lenses focused on key population’s perception in regards to the PoC issues and actors: safety and security of their environment, a. Mitigate Harm (MH), focused on including what they perceive as threats. This Perpetrators of Violence and their victims; could include, for example, a population threat assessment (threat against the population) 3 “Human Environment” (HE) is used in the PoC Concept to complement the term “Civil Environment” (CE). While both share many things in common, CE is viewed as the civil component of the overall assessment of the Operational Environment or Engagement Space. As such, it only focuses on the civil dimension of the environment, to include civilian actors. In contrast, HE includes all aspects of the broader human domain focusing on how all humans interact with their environment, especially each other. Therefore, it includes non-civil aspects of the environment, such as the military and irregular armed groups. This distinction is necessary as Perpetrators of Violence can be both military and civilian. Additionally, HE emphasises a ‘population-centric’ perspective, while CE is often done from a “military- centric” perspective. 8 Protection of Civilians ACO Handbook
versus (or in addition to) the traditional Finally, it must be understood and emphasised threat assessment (threat against the Force), that, while these elements/lenses are clearly as well as assessments of the population’s defined in the PoC Framework to facilitate vulnerabilities, strengths and resiliencies. MH, understanding of these distinct functions, FABN, and C-SASE can be used as thematic the boundaries between these elements are lenses to support the development of overall flexible as they are interrelated and, therefore, UHE in providing comprehensive situational most issues will span across more than one awareness, in addition to traditional planning of them. For example, the NATO anti-piracy and assessment of operations. mission off the coast of Somalia was a classic case of this. At the most basic level, piracy The PoC Framework encourages proactivity harms the population of the region by limiting in the identification and addressing of PoC the freedom of movement of humanitarian issues. The three thematic lenses help inform goods. It also had a negative economic impact the planning process by providing the focus that inhibited development, thus further on specific PoC issues and actors, thus helping harming the long-term prospects for people organise and shape the collection, processing, in the region. This threat called for a holistic and dissemination of information necessary to approach to resolve this PoC issue. This was meet the requirements for UHE. not something that could simply be addressed through MH, FABN or C-SASE lines of effort As lines of effort, MH, FABN and C-SASE are alone. In this case, NATO forces 1) engaged enabled by UHE and can be used to aid the pirates at sea and on shore to stop their conduct of operations and to effectively deal activities (MH) 2) patrolled and escorted cargo with the multifaceted nature of protection. ships to deter further attacks and facilitate The balance between the three lines of effort access to the flow of goods (FABN) and 3) will change in the course of an operation contributed to the development of maritime based on assessments informed by the UHE security by providing regional capacity process. building to transfer counter piracy efforts from the International Community to Somalia and The PoC Framework must be considered as a other regional states (C-SASE). whole not as individual elements or as a linear or sequential framework. Although each of 2-2. Importance and Relevance of the PoC lenses is unique, with each focusing on PoC for the Military a particular group of actors having an impact on causing or mitigating harm against civilians, NATO forces need to be prepared for when combined the lenses provide a holistic asymmetrical/hybrid clashes against both picture of the operational area from a civilian state and non-state actors. Operations may protection perspective. Applied in isolation, be conducted amongst the population, for each line of effort will likely have limited example in urban areas. Other actors may not positive or potentially detrimental effects as abide by international laws and may actively it will fail to take into consideration all of the use civilians as shields or weapons. In this operational factors and relevant actors required environment, mission success, credibility and to identify and address the sources of a crisis. legitimacy are closely linked to the protection of civilians. The timing and sequencing of PoC actions depends on the specific mission to which this Lack of consideration for PoC or PoC-related framework is being applied. Understanding issues will have a negative impact on the how the human environment is changing over overall mission and will hinder consideration the course of the operation is critical to the of the root causes of the conflict or crisis, outcome of PoC objectives. If NATO focuses jeopardising its success and long-term stability only on short-term activities, for example in the conflict or crisis area. PoC failures will only on MH, then long-term aspects of the generate negative strategic effects and their mission, such as C-SASE, might fail. In other consequences will reverberate at all levels of words, any actions taken under MH should be command. PoC is therefore key for mission considered against any associated C-SASE or success and legitimacy. FABN activities. To improve the chances for both short and long-term success, these lines of Operations conducted in permissive effort can be used to comprehensively address environments, such as support to disaster relief a crisis or conflict. operations, have PoC implications in relation Protection of Civilians ACO Handbook 9
A U.S. Army Special Forces soldier secures the perimeter at an undisclosed location in Afghanistan in support of Resolute Support, Feb. 29, 2020. RS is a NATO-led train, advise, and assist mission seeking reconciliation and peace for Afghanistan.
to C-SASE and FABN, but may also require both internationally and within the Theatre military force to protect civilians from both of Operation (TOO), not only in the eyes of direct and indirect harm due to the effects the local population and the international of banditry, looting and vandalism4. Non- community, but also at home and, permissive environments are more likely to ultimately, could have a detrimental effect emphasise the MH aspects of PoC. on Force Protection (FP) and operational effectiveness. PoC considerations are an integral part of all crises and conflicts, even when a 2-3. PoC and Cross-Cutting Topics NATO mission does not have an explicit PoC mandate provided by the NAC that The Military Concept for the Protection of encompasses all aspects of the PoC Civilians provides an overarching frame of concept. There is a distinction that needs reference for NATO Cross-Cutting Topics to be made based on the mission mandate (CCTs), such as Children and Armed Conflict when it comes to the application of PoC. (CAAC), Conflict Related Sexual Violence One should be aware, that a mandate (CR-SV), Women, Peace and Security (WPS), stemming from a United National Security Cultural Property Protection (CPP), and Council Resolution (UNSCR) is likely to Building Integrity (BI). include specific PoC activities. In that case, the NAC-approved PoC policy and These CCTs need to be considered in a concept remain applicable, as they are coherent and integrated manner during the to all NATO mission and activities5. PoC planning and execution of operations as they remains an underlying part of the mission are interdependent. For example, increased mandate, understood as a necessary means sexual violence could be an indicator for of conducting operations. This is not only greater violence and mass atrocities against due to moral, legal and political imperatives, civilians. Consideration on how to establish but also to pragmatic military objectives standing procedures, specific monitoring, and understanding that the support of the assessment, reporting and/or mitigation population, both within NATO countries and mechanisms with this interdependency in in the area of operation, is usually required mind will aid identification of these factors. to succeed. Therefore, mission success depends on taking into consideration the 2-4. Legal Framework protection of civilians in the planning and conduct of operations and at every stage NATO’s approach to PoC is based on legal, of the crisis and/or conflict, including moral and political imperatives. Although during transition. During the planning of NATO itself is not a signatory to international operations, long term support and an exit treaties NATO nations are bound by the strategy must be considered, in order not to treaties they have ratified and the relevant create dependencies and to ensure a smooth applicable international law and standards transition as forces draw down and are no established in customary law along with their longer able to provide physical protection, own national legislation. For this reason, all for example by supporting the build-up of NATO and NATO-led operations, missions Host Nation (HN) capabilities and avoiding and other Council-mandated activities are the potential for a “vacuum of power” that conducted within a clearly defined legal may endanger the long-term protection of framework. The legal framework will vary civilians. depending on whether the operation takes place within a peacetime environment, in a While it is recognised that it is not possible crisis situation or in an armed conflict. to fully guarantee safety to all civilians in conflict, not taking into consideration the In peacetime, the legal framework is generally protection of the civilian population will encompassed by domestic law – especially lead to a loss of credibility and legitimacy HN law – and International Human Rights 4 Although military force may be required, police forces with military status such as Stability Policing may be best suited than regular military forces to address this type of law enforcement activities. 5 It should be noted that the current conflict dynamics and style of mandates that have been recently handed out by the UN Security Council (UNSC), have called explicitly for Protection of Civilians as a core component for UN peacekeeping missions. Protection of Civilians ACO Handbook 11
Law (IHRL). In a developing crisis, emergency civilians rests primarily with the Host Nation powers may be enacted, based on national (HN).8 NATO forces can be expected to play political decision, to authorise certain activities a major role in the military-centric MH line of or allow for derogations to be made to the effort, while playing more of a supporting role existing domestic and applicable human rights in the primarily non-military FABN and C-SASE law. In armed conflict, the legal framework will lines of effort. The requirement to assume a be derived from IHL,6 customary international more primary role in FABN and C-SASE will be law and IHRL, as applicable. operationally driven and usually conducted only on an interim basis or as a means of last resort It follows that all NATO military personnel (in the cases of humanitarian assistance). This (commanders and troops alike), whether intervention will only occur if the HN does not operating in peace, crisis or conflict, must have capabilities and/or capacity or if no other comply with the applicable law and understand local or international actors are willing and/or what their legal obligations are regarding the able to perform this function. protection of the civilian population, civilians, civilian objects and services. Above all, it must 2-6. PoC and Strategic be understood that civilians are protected by Communications the law at all times – unless and for such time as they take a direct part in hostilities (DPH) PoC is a tangible expression of NATO’s during an armed conflict – in which case they commitment to its core values and therefore will lose their protected status. In the conduct becomes a critical, and arguably central, element of NATO military operations, commanders must in NATO’s overall Strategic Communications ensure that the obligation to protect civilians, (StratCom) effort. StratCom is key to civilian objects and services is duly respected. strengthening Alliance cohesion and national resilience in home audiences. Additionally, 2-5. PoC Application to NATO’s Three StratCom efforts across the relevant civil and Core Tasks military domains work to identify and prevent hostile disinformation and propaganda activity to PoC is relevant to NATO’s Three Core Tasks help manage and counter their effects on home – Collective Defence, Crisis Management, audiences. Every activity NATO undertakes, or and Cooperative Security - and is applicable chooses not to undertake, has a significant impact to all NATO and NATO-led operations and on communications; this is especially relevant with missions.7 Thus, PoC must be considered in the PoC. Controlling the PoC narrative will likely be planning for all operations and at every stage a central theme of future conflicts (e.g. which of the planning process, although different side of a conflict has legitimacy with the civilian considerations will have to be made depending population, both domestically and within the on the phase considered. conflict zone). In this context, PoC and StratCom have supported and supporting relationships There may be differences in NATO’s role in with one another; PoC is critical to the legitimacy protecting civilians and, therefore, how PoC of the NATO narrative and properly conducted is applied will likely vary in different types StratCom is needed to achieve PoC aims. Planners of operations. These will include Article 5 and operators working on PoC issues should operations and missions, Non-Article 5 Crisis work closely with their colleagues within the Response Operations (NA5CRO) and other StratCom disciplines, in particular Public Affairs NATO missions. The Alliance’s role will be and Psychological Operations who can leverage dependent on mission mandate and capabilities. information activities for maximum PoC effect. Furthermore, the responsibility for protecting 6 IHL is also referred to as the Law of Armed Conflict (LOAC). 7 In the event of an Article 5 operation conducted within the Alliance’s territory, the way in which UHE is conducted will be impacted, as information collection will be a responsibility of the HN. During Article 5, considering the adherence to the Seven Baseline Requirements of Resilience through civil preparedness will help a better understanding of the human environment. The Seven Baseline Requirements include: 1. Assure the Continuity of Government and Critical Government Services; 2. Resilient Energy Supply; 3. Ability to Deal Effectively with Uncontrolled Movement of People; 4. Resilient Food and Water Resources; 5. Ability to Deal with Mass Casualties; 6. Resilient Civil Communication System; 7. Resilient Civil Transportation System. Without limiting the use of the Seven Resilience Baseline Requirements, it is important to notice that they have been developed and agreed by NATO nations to assess their own level of resilience. 8 It must be recognised, however, that at times, the HN itself may be the main threat to the population. 12 Protection of Civilians ACO Handbook
Figure 2. UN Global Clusters System 2-7. PoC and Other Actors structures and capabilities that provide comparative advantages in different roles. It is Protection is a shared, system-wide responsibility important to recognise this and to understand and, therefore, it involves and requires that NATO, alone, does not have the single contributing actions from multiple actors in the mandate or full range of capabilities to protect international community beyond the military, civilians. For instance, the International including law enforcement agencies (LEA) such Committee of the Red Cross (ICRC) plays an as customs police, border police, coast guard, important role in protection, not just by taking gendarmerie-type forces, and a broad range actions in response to emergency situations, of civilian actors. Therefore, much like NATO’s but also as the custodian of IHL .9 The Global contribution to a comprehensive approach in Protection Cluster, led by the United Nations complex crises, NATO PoC recognises that while High Commissioner for Refugees (UNHCR), military actions are essential, military force alone coordinates the protection response and is insufficient to protect civilians from harm in leads standards and policy setting .10 Within armed conflict. the Protection Cluster framework, protection is sub-divided in four areas of expertise, with Every actor has different missions, mandates, designated lead agencies: gender-based 9 The ICRC’s Mission and Mandate, https://www.icrc.org/en/mandate-and-mission. Global Protection Cluster, Protection of Civilians, http://www.globalprotectioncluster.org/themes/protection-of-civilians/. 10 Protection of Civilians ACO Handbook 13
violence (United Nations Populations Fund - UNFPA), child protection (United Nations Every actor has different Children’s Fund - UNICEF), mine action (United Nations Mine Action Service - UNMAS) and missions, mandates, land, housing and property rights (Norwegian structures and capabilities Refugee Council - NRC). The sub-clusters are activated in the field as needed. In addition, that provide comparative the United Nations Office on Drug and Crime advantages in different roles. (UNODC) delivers technical assistance in various corruption-related thematic areas such as prevention, education, asset recovery, integrity in the criminal justice. An understanding of roles, responsibilities and capabilities of different actors can facilitate coordination and de-confliction in the field and contribute to effectively protecting civilians. Figure 3. UN Protection Cluster 14 Protection of Civilians ACO Handbook
CHAPTER 3 UNDERSTANDING THE HUMAN ENVIRONMENT (UHE)11 3-1. Description religious and non-governmental leaders and influencers, resiliencies and vulnerabilities. UHE provides a “population-centric” perspective Within crisis response operations, this also that complements existing processes used to includes identifying the sources of instability understand the operational environment. It looks and drivers of conflict. UHE is the necessary beyond governmental and military perspectives first step for the successful integration of PoC that are focused on parties to the conflict/crisis considerations into the planning and conduct of as it complements the picture by adding a civilian NATO and NATO-led operations, missions and angle to these views through the use of the MH, other NAC-mandated activities. FABN and C-SASE lenses. This is essential as the Military is traditionally very good at assessing the This function contributes to the Knowledge “red” picture,12 i.e. opposing forces, and the “blue” Development (KD) process by addressing picture, i.e. friendly forces, which is insufficient in the critical need for information pertaining current operational environments. This requires to the human environment (domain, cultural, also gaining an understanding of the “green” institutional, technological, economic, and picture,13 i.e. population perspective. physical factors). This is achieved through a continuous process of observation, perception Understanding the crisis area is essential and interpretation of a conflict/crisis that to inform decision-making in all phases of provides decision-makers with the context, operations. In order to protect civilians, the insight and foresight to enable them to unique characteristics of the population comprehend how best to approach a situation within the operating environment have to be within the constraints of their mandate and force considered during the decision making process, capability.14 In addition, the Information and to include their culture, history, demographics, Knowledge Management (IKM) process leverages strengths, informal power structures such as both tools and techniques to harness the vast 11 Acknowledging that staff procedures may vary between echelons of command, the processes outlined in this section represent a generic list that will require tailoring in order to suit the specificities of each Command’s Battle Rhythm. 12 Perpetrators of violence may not necessarily be part of the ‘red’ picture, as, although they may be a threat to the population, they may not be considered as a threat or an opposing force to the military. 13 In this document the term “white picture” refers to actors outside of the NATO force structure and outside of the opposing forces structure such as IOs, NGOs, HN. The term “green picture” refers to the civilian population’s perception of security and threats. The terms “red picture” and “blue picture” are widely recognised military terms which define the adversary forces and the friendly forces respectively. 14 The requirements, capabilities and limitations to conducting UHE-related processes differ between an Article 5 operation and a NA5CRO, when operating in a non-NATO nation. 15 Protection of Civilians ACO Handbook Protection of Civilians ACO Handbook 15
amount of data and information available and adversaries, friendly and neutral actors; a transform unprocessed and disaggregated data, threat assessment broadened to include in order to create knowledge and understanding. population centric protection; or mission Done properly, IKM enables crisis managers to security threats and risk assessments. UHE focus on managing the crisis versus spending also informs the development of Information, time managing information on that crisis. Intelligence and Knowledge Requirements, Furthermore, without a good IKM process, as well as Critical Operations and Support existing information to support UHE could be lost Requirements. UHE provides information and or not disseminated to relevant personnel. analysis that includes (but is not limited to) the following: In order to obtain up-to-date information and a holistic perspective of the human environment 1. Crisis/Conflict Environment: active interaction, engagement and coordination • Operational Domains (Air and Space, with relevant actors is required to develop the Land, Sea, and Cyberspace) necessary relationships, build trust and therefore encourage information sharing to take place. • Human Domain (Political, Economic, Social, Culture, Institutions, Informal In UHE, as well as in the application of the other Power Dynamics, Technology) lenses of the PoC framework, the creation of • Physical (Geography, Climate, Natural integrated in-theatre teams of NATO and non- Resources, Infrastructure) NATO personnel could be considered. The • Information Environment creation of such teams will have to be authorised on a case-by-case basis by the security authority 2. Crisis/Conflict Dynamics: of the NATO mission. • Mission/Mandate: Operational Objectives and Constraints Part of UHE is recognising the complexity and • Type of Crisis/Conflict dynamic nature of the Human Domain. UHE is a continuous process that needs to be proactive/ • Applicable Legal Framework pre-emptive in nature, supporting overall • Effects of Operations Situational Awareness (SA), the development of • Vulnerabilities, Threats, Risks and an initial understanding of a crisis, as well as KD. Opportunities This is done through: • Humanitarian Needs Assessments. a. Persistent Monitoring and Assessment, in 3. Crisis/Conflict Actors: Demographic order to inform decision-makers with the most (Age, Sex, Gender, Race, Physical ability, relevant and up-to-date information, while Language, etc.) assessment of the also recognising that much of the knowledge population,16 including: and expertise of this environment resides • Perpetrators of Violence – including outside of traditional military spheres of their motivation, strategies and tactics, information. Therefore, this task requires the and capabilities. This group also use of both military and civilian capabilities comprises “Spoilers who use violence (human and technological) to systematically to undermine local authorities and search, identify, collect, process (manage and hinder conflict settlement; analyse), and disseminate relevant operational information to decision-makers. This could • Civilians – including those most include a systems perspective, across the vulnerable (for example those with PMESII15 domains, focusing on potential disabilities17 , older people, gender 15 PMESII: Political, Military, Economic, Social, Infrastructure and Information. 16 A population (actor) analysis will not only identify the local groups, but also provide insight on the targeted groups, and needs, strengths and weaknesses of the population. 17 On 20 June 19 the Security Council adopted resolution 2475, its first-ever resolution calling upon Member States and parties to armed conflict to protect persons with disabilities in conflict situations and to ensure they have access to justice, basic services and unimpeded humanitarian assistance. The Council emphasised the need for States to end impunity for criminal acts against civilians, including those with disabilities, and to ensure they have access to justice and effective remedies, and as appropriate, reparation. The Council further urged States to enable the meaningful participation and representation of persons with disabilities, including their representative organisations, in humanitarian action and in conflict prevention, resolution, reconciliation, reconstruction and peacebuilding. The Council also urged Member States to take steps to eliminate discrimination and marginalisation on the basis of disability in situations of armed conflict, urging States parties to comply with their obligations under the 2006 Convention on the Rights of Persons with Disabilities. 16 Protection of Civilians ACO Handbook
Local Afghan women and children gather around female U.S. Army soldiers in Sarobi district, Kabul province, Afghanistan, Dec. 6, 2013. Female soldiers met with the local populace in order to address general concerns in their villages.
groups) or most at-risk (individuals b. Civil-Military Interaction (CMI). CMI is with any attribute, characteristic the primary means for military forces to or exposure that increases the expand their knowledge networks and likelihood of harm, i.e. in some cases develop shared situational awareness, as military aged males may be most well as develop an understanding of the at risk, in other cases it could be human and natural environment with other women gathering firewood). War relevant actors in the engagement space. and conflict affect different groups This is essential for military forces, as the disproportionately. Vulnerability is HN governmental actors, local civilians, context driven and will vary from and international actors that have been one operation to another. In some operating on the ground have in depth conflict areas, the most vulnerable knowledge and experience of the crisis area. group could be military aged males. Thus, interaction with other actors in the crisis Therefore, it is essential to understand area is highly important for UHE, particularly the different security needs and in regards to understanding the needs, concerns of different groups, to dependencies, vulnerabilities and resiliencies include distinctions between men, of the population. Specific information women boys and girls; requirements identified by the use of the • Local Authorities - including their three PoC lenses will inform the identification ability to protect the population; of requirements for interaction with relevant international and national actors and support • Media and other “Influencers” – the overall conduct of CMI. CMI supports activities of populations will be UHE through the following activities: influenced by information actors within and exterior to the conflict zone. While 1. Relationship Building: Engagement with the digital age has “democratised” key leaders and other relevant local and information, some voices will inevitably international actors in the conflict/crisis be louder than others and will use their area to develop relationships and build position to their own advantage; trust and transparency that will encourage better coordination and information • International Actors – including sharing. This requires an understanding international organisations, non- of the differences between organisations governmental organisations, the and their mandates, structures, culture, International Red Cross and Red language, and capabilities. This includes Crescent Movement, governments engagement with formal and informal and governmental organisations and leadership structures such as elected private sector entities; officials, tribal or clan leaders, religious • Cross-cutting Topics (CCTs) – a leaders, civil society organisations, range of different topics which have women’s organisations and youth groups a significant impact on all missions. as appropriate. This interaction will Different military disciplines, branches enhance regional understanding and and command levels may have to situational awareness, and better inform consider and deal with a variety decision-makers of local strengths, of CCTs throughout an operation. limitations, vulnerabilities and perceptions. NATO’s approach to CCTs is based on 2. Information Sharing (IS), which is based legal and political imperatives. The on the willingness and ability to exchange common denominator of all CCTs information between those actors is that they overlap each other and involved and both are required for this have far reaching effects in different relationship to work. The “willingness areas of (civil) society. They are to share” is usually founded on mutually strongly influenced by culture and beneficial relationships based on respect, require military and non-military trust and common goals. The “ability stakeholders to work together. To to share” is usually dependent on the do so, characteristics of CCTs need established organisational policies, to be identified and analysed within procedures and legal constraints of the context of the civil environment/ those involved, but may be impacted by operating environment. whether the crisis occurs in a permissive 18 Protection of Civilians ACO Handbook
versus a non-permissive environment. Analysis. The initial and factor analysis provide a strategic-level appreciation of the crisis, with the identification of the problem, 3-2. UHE in Planning and Execution main actors, key factors, including strategic Consistent UHE throughout all phases of the environment and PMESII factors, as well mission is a key element as it underpins and as potential threats and risks. This initial provides guidance to planners on how to properly understanding of the crisis will also help understand the operational space. To do so, identify knowledge gaps and, consequently, a number of questions should be considered, information, intelligence and knowledge reviewed and updated throughout the planning requirements. From a PoC perspective, the and conduct of operations, including18: strategic appreciation of the crisis can help highlight any specific threats to civilians in • What are the key protection concerns the crisis area. This assessment will include issues in the Area of Responsibility (AOR)? those actors that do not represent a threat To include: to the force, which is the innovative aspect o Main actors that threaten or pose a of the population threat assessment, as potential threat to civilians? well as determine potential military options o Actors being threatened? to protect those civilians. Once this initial understanding of the crisis is developed, o Main protection actors continuous monitoring, assessment and • What is the composition of the civilian reporting needs to be conducted to both population? To include: further refine the understanding of the o Demographics - age, race, gender, etc. problem and to address any developments or changes in the crisis environment. The CoG o Social Groups – ethnicity, religion, etc. Analysis will help identify critical capabilities, o Social Structure – literacy, education, vulnerabilities and requirements for military urban, rural, class, caste, etc. and non-military actors in the operational o Which are the religious groups present environment in order to establish what can be in the AOR and which are their utilised and what should be protected. functions? c. Environmental Protection (EP) o Which actors of the international Considerations. The aim of EP planning is to community does NATO have to talk identify potential environmental issues and to/link with to achieve own PoC take reasonable actions that either sufficiently objectives/goals? reduce or eliminate them while still meeting operational or training objectives. Early The main processes to be considered under UHE and continuous appreciation of EP factors during the planning and execution of an operation during military planning will assist in avoiding are: or mitigating adverse effects of military a. Development of the Comprehensive actions to civilians. Effective environmental Preparation of the Operational Environment planning necessitates active liaison with HN (CPOE), which is crisis-specific and supports authorities and civilian population, where the development of a comprehensive possible, to understand local environmental understanding of the operational environment. conditions and EP regulations. Thus, HN This understanding should include a systems cooperation with NATO forces should be perspective, across the PMESII domains, requested wherever possible to permit the focusing on potential adversaries, friendly successful conduct of military activities with and neutral actors; a population-centric due regard for EP. Mandatory environmental perspective of the crisis; threat assessments assessments and documentation will follow broadened to include population-centric the NATO procedures outlined in AJEPP-6 protection; as well as mission threat and risk- (STANAG 6500). Example of assessments based analysis. that demonstrate NATO environmental due b. Development of Initial Analysis, Factor diligence are: Analysis and the Centre of Gravity (CoG)19 See Annex D for a more comprehensive list of questions and considerations. 18 See Annex E for definition of Centre of Gravity. 19 Protection of Civilians ACO Handbook 19
Col. Alber Rivera from U.S. Army Reserve Affairs, Afghanistan shakes hands with Director Adviser to the Director of Agriculture, Irrigation and Livestock (DAIL) Frhadi Foroq following a successful Key Leader Engagement to the DAIL compound in Farah City. PRT Farah’s mission is to train, advise and assist Afghan government leaders at the municipal, district and provincial levels in Farah province, Afghanistan. • Environmental Baseline Study (EBS). and the measures which can be taken to This study will identify the existing mitigate those impacts. environmental conditions for an area used d. In-depth analysis of the crisis situation, in by NATO forces, such as a camp. To best order to better understand the problem, determine NATO responsibilities for the overall operational environment and to environmental damage at a location, develop courses of action (COA). An in- an EBS should be conducted early in depth analysis of the crisis will help identify the deployment stage and then upon the key operational factors and centres of closeout, during the closure/handover/ gravity that will influence the achievement of transition phase. At this later stage, the conditions and any risks or threats to the an Environmental Closeout Study success of the overall mission. (ECS) will be developed taking into the account the baseline outlined in the e. COA should be developed recognising that EBS. The information collected during they are highly dependent on the operational an EBS/ECS needs to be consolidated conditions in order to achieve the mission. and shared with the HN or property This requires knowledge and understanding owner or agent for review. of the operational environment, including opponents’ capabilities and the potential risks • Environmental Impact Assessment posed by their actions in regards to civilians, (EIA). This assessment is completed as well as the consideration of use of both for any project or activity undertaken military and non-military actions. by a NATO force, including construction projects, military activities, and f. Specialised analysis and assessments with manoeuvres. The primary goal is to particular reference to understanding the determine whether the project will have “white” picture, “green” actors and “blue” a negative impact on the environment actors using the PMESII model. 20 Protection of Civilians ACO Handbook
g. Civil-Military Cooperation (CIMIC) Estimate, understanding of the human environment among PRT which provides assessment on the civil personnel led, in some cases, to structural issues with a environment, including mutual impacts, humanitarian impact for the detainees, as follows: contributes to the OPP and furthers the HQ’s a. Prison cells were at times designed for 1 to 2 battle rhythm and decision making. The CIMIC inmates per cell, a high level of comfort along Estimate is to provide all relevant information western standards, but very unsuitable to Afghan available on PoC, thus supporting UHE and standards, where the collective and communal life planning on MH, FABN and C-SASE. is essential; h. Common Operational Picture (COP), which provides a common view of the operational environment, improving and maintaining UHE is a key element as situational awareness. The COP includes it underpins and provides not only land, maritime, air and cyberspace pictures, but also a civilian picture, which can guidance to planners on how support and even enhance coordination and to properly understand the de-confliction with different actors in the operational environment. operational space. i. Maintaining SA, through the continuous monitoring and assessment of the crisis, review of information, intelligence and knowledge requirements, and sharing of b. Shower rooms were designed according to western information with relevant actors in the standards, which were unsuitable to Afghan operational environment, as appropriate. customs, leading to their rapid deterioration, j. Operational Assessment, which informs the excessive consumption of water and, ultimately, Commander on the progress of the mission, their shutdown. can support UHE, by providing indications c. Prisons were at times designed with basic services of specific trends within the operational relying on generators. However, the cost and/ environment. Operations assessment also or lack of fuel made these services unsustainable, provides an opportunity to look ahead and rapidly creating serious humanitarian issues within consider options for future action. Persistent the prison. monitoring and assessment will contribute to identifying if the mission plan needs to be Urban Environments: Iraq and Syria adjusted by measuring the effectiveness of In Iraq and Syria, the ability of anti-ISIS coalition forces actions in creating desired effects, establishing to mitigate civilian harm has been affected by many desired conditions, and achieving objectives. factors: a. ISIS tactics of deliberately hiding amongst civilians, 3-3. Practical Examples and using civilian houses and infrastructure to attack Iraqi and coalition forces, made distinction between civilians and perpetrators challenging; Cultural Differences: Afghanistan20 b. During the battle of Mosul, while good practices In Afghanistan, during the International Security were used, such as using a combination of sources Assistance Force (ISAF) mission, Provincial to verify civilian presence near a target location Reconstruction Teams (PRT) undertook in some areas and using smaller or precision guided munitions, the renovation or the building of new prison facilities especially in the first phase of operations (east (led and run by Afghan authorities). Although driven Mosul),21 these efforts faced limitations, as by the ambition to provide Afghans with state-of- operations intensified in densely populated Old City the-art facilities along high-quality standards, the in West Mosul. Despite Intelligence Surveillance lack of cultural awareness and a sometimes-limited and Reconnaissance (ISR), it was difficult to track Example provided by ICRC representative. 20 See Centre for Civilians in Conflict and Interaction, Protection of Civilians in Mosul: Identifying Lessons for Contingency Planning, 21 (October 2017) https://civiliansinconflict.org/wp-content/uploads/2017/10/civic-interaction-protection-of-civilians-in-mosul- october-2017_final.pdf; Centre for Civilians in Conflict, Policy Brief on Protection Challenges in Current Mosul Campaign (February 2017), https://civiliansinconflict.org/publications/policy/policy-brief-civilian-protection-current-mosul-campaign/. Protection of Civilians ACO Handbook 21
patterns of civilians’ movements as they sought safe places; many were hiding in basements or abandoned buildings for days when operations intensified; c. The coalition lacked sufficient understanding of urban terrain to anticipate the net effect from weapons on old structures, and secondary explosions from ISIS tactics of booby-trapping buildings resulting in civilian harm;22 d. Local forces in Iraq and Syria did not conduct post-strike assessments, to better understand the impact of their operations on civilians and civilian infrastructure. Without this information, the local forces and coalition lacked comprehensive capacity to adjust tactics to reduce civilian harm. While the coalition was tracking civilian casualties, and receiving data from NGOs as well, the tempo of operations in Mosul and Raqqa outpaced resources allocated to analyse, in real time, the causes of civilian harm to inform adjustment of tactics to reduce civilian harm; e. Ground-to-air coordination for targeting was hampered by multiple aerial platforms and de- confliction challenges, as well as accuracy of varied types of maps and GPS platforms used by local forces in Iraq and Syria.23 3-4. Key Takeaways a. UHE provides a population-centric perspective versus the traditional military-centric perspective; b. UHE contributes to the KD process and complements existing processes used to understand the operational environment; c. UHE is a continuous process that needs to be proactive/pre-emptive in nature, through persistent monitoring/assessment and civil-military interaction; d. Engagement and information sharing with other actors in the crisis area is essential for UHE, as the HN, local civilians or international actors that have been operating on the ground usually have more knowledge and experience of the crisis area and can enhance understanding of the needs, dependencies, vulnerabilities and resiliencies of the population; e. Consistent UHE throughout all phases of the mission is key as it underpins and provides the 4th Platoon C Co. 2-1 Infantry patrol the streets of necessary knowledge and understanding of the Mosul, Iraq operational environment from a population-centric perspective. 22 Centre for Civilians in Conflict, Policies and Practice to Protect Civilians: Lesson from ISF Operations Against ISIS in Urban Areas, 2018 (non-public study, shared with coalition and Government of Iraq). 23 Ibid. 22 Protection of Civilians ACO Handbook
CHAPTER 4 MITIGATE HARM (MH)24 4-1. Description25 activities from perpetrators of violence and from own actions. While it is recognised that it is not Protecting civilians from violence focuses possible to fully guarantee safety to all civilians on two distinctive areas. First, it entails during crises and conflicts, and that there will be avoiding harming civilians during NATO’s instances when incidents will happen, there is own operations. Second, it implies protecting an obligation under IHL to avoid or in any case civilians (persons, objects services) from the minimise and mitigate harm or the threat of harm acts caused by those actors that deliberately to civilians. attack civilians as part of their strategy. MH is primarily a military line of effort that is Focused on minimising and mitigating harm or accomplished by eliminating or reducing the threat of harm to civilians from Perpetrators physical threats to civilians without causing more of Violence26 and own actions, this is NATO’s harm in the pursuit of this endeavour. This implies leading line of effort to protect civilians and a need to protect civilians from both intended the only one that NATO forces (military) are and unintended effects of hostile activities from expected to lead. perpetrators of violence and from own actions. While it is recognised that it is not possible to fully The focus of MH is on the Perpetrators of guarantee safety to all civilians during crises and Violence26 and understanding the motivation, conflicts, and that there will be instances when capabilities and threats to the population posed incidents will happen, there is an obligation under by perpetrators of violence who harm civilians IHL to avoid or in any case minimise and mitigate through errors in actions, careless disregard for harm or the threat of harm to civilians. collateral damage, or due to deliberate targeting to achieve a specific goal or objective. MH is applicable across the entire spectrum of military operations, from Combat to Crisis MH is primarily a military line of effort that is Response, including Peace Support and accomplished by eliminating or reducing the Counterinsurgency efforts geared towards physical threats to civilians without causing changing the behaviour of adversarial actors more harm in the pursuit of this endeavour. This targeting or trying to control the civilian implies a need to protect civilians from both population for either political and/or ideological intended and unintended effects of hostile goals, tactical advantage or economic gain. 24 Acknowledging that staff procedures may vary between echelons of command, the processes outlined in this section represent a generic list that will require tailoring in order to suit the specificities of each Command’s Battle Rhythm. 25 See Annex B for more information on the scope of the threat to civilians and the 8 generic scenarios. 26 Perpetrators of Violence physically harm or threaten civilians. These actors could come from the government, international forces, non-state armed actors, criminal elements, or the civilian population itself (inter-communal violence). Protection of Civilians ACO Handbook 23 23
From this population- centric perspective, there are potentially a wide range of perpetrators in crises and/or conflicts, some with motivations to harm civilians that range from genocide, to ethnic cleansing, regime crackdown, post-conflict revenge, communal conflict, predatory violence and insurgency27. Therefore, perpetrators can be friendly forces, enemy actors, local authorities, criminal groups, spoilers or even elements of the civilian population. How to deal with each group will vary, depending not only on why and how they An Army M119 105mm towed howitzer, a weapon the Army is hoping to harm civilians, but also on replace, along with its 155mm types, with a new, common lightweight mandate, legal constraints howitzer. and restrains, and Rules of Engagement (RoE). What all NATO forces need to be prepared to deal with share in common is that their actions or inactions, both combat situations and acts of banditry, whether deliberate or unintentional, cause vandalism, environmental damage, vital harm to civilians. As such, this assessment is as infrastructure maintenance and protection and applicable with a collective defence situation, crowd control issues even in permissive non- where conventional and asymmetric tactics may conflict environments. This may require the be employed by adversaries simultaneously, as it provision of military forces with either a special is with a crisis response operation that may also capability of civil policing, engineering, or a involve both state and non-state actors. force trained and equipped to do so. When planning and implementing MH measures, special consideration should be given to protecting MH supports UHE by helping identify those groups identified by the UHE process as perpetrators of violence and those vulnerable to being most vulnerable to violence within the or affected by their actions, while contributing local context. to an overall population threat analysis. To do so, a number of questions have to be answered, including28: 4-2. MH as a Lens for Understanding – Planning (What) • Who is the most vulnerable group? • Who is being targeted and/or harmed? The identification of Perpetrators of Violence is done from the perspective of the civilian • Who are the actors harming civilians? population being harmed. Therefore, MH • Who is the actor posing the greatest threat considerations focus on actions conducted to civilians? by NATO military forces as well as actions • Is their harm to civilians intentional or conducted by other perpetrators. As such, even unintentional? NATO forces could be considered perpetrators if they cause harm from their own actions. • If harm is intentional, what is their 27 Other types of violence include destabilisation, chemical biological and nuclear attack, cyber-attacks and other technological malfeasance, hybrid tactics, and power competition below the threshold of armed conflict. 28 See Annex D for a more comprehensive list of questions and considerations. 24 Protection of Civilians ACO Handbook
You can also read